Md. Javed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76366 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== Md. Javed S/o Md. Kalim R/o Village - Ali Nagar Lavdhan, P.S - Baligaon, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Roy, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Sarairanjan P.S. Case No. 61 of 2025 registered for the offences punishable under Sections 310(4), 310(5) of the B.N.S and under section 25(1-B)a, 26, 35 of the Arms Act.
3. As per prosecution case, on 01.04.2025 at about 10:00 PM, the informant, along with other police personnel of Sarairanjan Police Station, proceeded on a raid. During the operation, secret information was received that five or six criminals were gathered near Harishngpur Musahari Chowk and were planning a major incident. The police team reached the location, and upon seeing the police vehicle, the criminals attempted to flee on motorcycles. Four criminals were
Patna High Court CR. MISC. No.76366 of 2025(2) dt.27-11-2025 2/3 apprehended, while one managed to escape. The apprehended accused revealed their names as: Md. Chand, Md. Sanaullah, Mritunjay Kumar, Md. Arman and the escaped accused was identified as Md. Javed (petitioner). Weapons, live cartridges, mobile phones, and motorcycles were recovered from the apprehended accused.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and except disclosure of apprehended co-accused there is nothing on record to connect the present petitioner with the alleged occurrence. It is respectfully submitted that the petitioner has been implicated solely on the basis of the confessional statement of co-accused and the confessional statement of co-accused, in law, has no evidentiary value. Petitioner was not apprehended on the spot. Nothing was recovered from the possession of the petitioner. Petitioner bears one criminal antecedent in which he is already on bail.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is F.I.R. named accused and he cannot escape from the allegation made in the F.I.R.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.76366 of 2025(2) dt.27-11-2025 3/3 case, nothing has been recovered from the possession of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur in connection with Sarairanjan P.S. Case No. 61 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) Nilmani/- U